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UNITED STATES EX REL. PACHECO v. CASSELES

No. 69 Civ. 5545.

312 F.Supp. 554 (1970)

UNITED STATES of America ex rel. Julio PACHECO, Petitioner, v. Hon. Leland CASSELES, Warden, Sing Sing Prison, 354 Hunter Street, Ossining, N. Y., Respondent.

United States District Court, S. D. New York.

May 6, 1970.

Attorney(s) appearing for the Case

Julio Pacheco, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Charles Kenney, Deputy Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, confined to Sing Sing Prison, Ossining, New York, pursuant to a judgment of conviction for burglary, third degree, and possession of burglar's tools, entered upon a jury verdict in the Supreme Court, Kings County, in April, 1968, seeks his release upon a federal writ of habeas corpus. He was sentenced as a second felony offender to concurrent terms of five...

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